Program to hold owners of dangerous dogs responsible

By Vincent T. Davis :
June 30, 2012
: Updated: July 1, 2012 12:24am

The wounds caused by two dogs attacking her are still visible and healing on the arms and legs of Micahela Garcia as she talks with Animal Care Services Officer Joel Skidmore outside her apartment in San Antonio on Thursday, Feb. 2, 2012.

Photo By Lisa Krantz/SAN ANTONIO EXPRESS-NEWS

The wounds caused by two dogs attacking her are still visible and healing on the leg of Micahela Garcia as she talks with Animal Care Services Officer Joel Skidmore outside her apartment in San Antonio on Thursday, Feb. 2, 2012.

Photo By Lisa Krantz/SAN ANTONIO EXPRESS-NEWS

Animal Care Services Officer Joel Skidmore is greeted by Max, the dog owned by Jesus Ramon, right, who was attacked along with Ramon by a pit bull outside Ramon's home in San Antonio last year, at their home on Thursday, Feb. 2, 2012.

Photo By Lisa Krantz/SAN ANTONIO EXPRESS-NEWS

Animal Care Services Officer Joel Skidmore talks with Jesus Ramon, right, who was attacked by a loose pit bull outside his home in San Antonio on Thursday, Feb. 2, 2012.

Photo By Lisa Krantz/SAN ANTONIO EXPRESS-NEWS

The wounds caused by a pit bull attack are still visible, healing and painful for Jesus Ramon, right, as he talks with Animal Care Officer Joel Skidmore, left, at Ramon's home in San Antonio on Thursday, Feb. 2, 2012.

Photo By SAN ANTONIO EXPRESS-NEWS

Animal Care Services Officer Joel Skidmore investigates a complaint by the next-door-neighbor of Luis Sepulveda, left, about Sepulveda and his dog, Malique, in San Antonio on Thursday, Feb. 2, 2012.

Photo By Lisa Krantz/SAN ANTONIO EXPRESS-NEWS

Animal Care Services Officer Joel Skidmore checks the condition of a warning sign that had partially detached from a fence of a home where a dog that had been investigated lives in San Antonio on Tuesday, Feb. 28, 2012.

Photo By Mark Blackwell

Map shows location of 38 cases of dog bites, from Oct. 1, 2010, to April, that led to the dogs being ruled dangerous.

More Information

DOG BITES ABOUND

In fiscal year 2011, the U.S. Postal Service ranked San Antonio sixth among the top 25 cities for dog attacks to letter carriers, with 39 incidents. Not all are from dogs ruled dangerous.

Annually, 4.5 million Americans are bitten.

Sources: CDC, U.S. Postal Service and City of San Antonio.

DANGEROUS DOGS

Definitions

A dangerous dog is defined as an animal that makes an unprovoked attack that causes bodily injury outside of the dog's enclosure or owner's property.

An aggressive animal is defined as those involved in an attack on other domestic animals or livestock, which can occur on or off the owner's property.

Requirements of owners

Register dog with ACS.

The dog must wear a special identification collar, stay in a secure enclosure, be spayed or neutered and microchipped.

When outside, the dog must be muzzled.

The owner must purchase a $100,000 liability insurance policy and post a warning sign, allow an annual inspection and attend a pet ownership class.

As reports of dangerous dogs in San Antonio climb — almost tripling in a year — disagreement remains on how the cases should be handled.

The number of investigations that resulted in dogs being ruled dangerous rose from 10 cases in fiscal year 2011 (Oct. 1, 2010 to Sept. 30, 2011) to 28 so far in fiscal year 2012. To tackle the problem, Animal Care Services has deployed one of the most proactive approaches in the state to support dog bite victims and hold owners accountable.

ACS investigators approach victims and explain options, including filing a legal affidavit describing their attack. That would start an investigation leading to the pursuit of a dangerous dog hearing, ACS administrators said. “The volume of calls warrants the response,” ACS Assistant Director Vincent Medley said. “Our responsibility is to protect the public. With aggressive behavior, we are going to err on the side of the human being, the same way as with an animal, if it's being cruelly treated, we're going to protect that animal.”

Local animal rights advocates back the department's efforts to act on the behalf of victims, but some are concerned the law penalizes dogs that aren't dangerous and were provoked.

“If someone is teasing a dog and the dog bites, that's a defensible bite,” Lee said. “Our position is we want to make sure everyone gets a fair hearing. It's about fairness and justice.”

Joe Angelo, interim ACS director, said responsible pet ownership is key to the success of ACS' strategic plan to increase the number of animals leaving city shelters.

“Enforcing the dangerous dog code contributes to a healthier and safer community for pets and residents alike,” he said.

The department's investigator, Joel Skidmore, enforces the city ordinance concerning dangerous dogs and briefs victims on updates to their cases. He testifies during hearings at municipal court and notifies residents if they're under investigation in connection with a dangerous or aggressive dog case.

“The enforcement is very strong,” Skidmore said of the ordinance, based on Chapter 822 of the Texas Health and Safety Code. “It's not against dog owners in general, but people breaking the law.”

He sat across from Ramon, who signed paperwork related to March 21, 2011.

He'll always be reminded of the date by the mobile phone-sized wound on his right calf, the result of a nightmare that unfolded on his front lawn that Saturday morning.

A loose pit bull attacked Max, his border collie mix, biting his neck, snout and paw. It charged Ramon's legs as he tried to protect himself from gnashing teeth with his forearms. The mauling didn't end until his wife and a neighbor beat the dog away with a stick.

Ramon suffered a punctured Achilles tendon and received 250 stitches from his mid-calf to his ankle. He received 28 staples to his main wound and two skin graft surgeries over several months. Max survived but is a changed dog, he said.

Memories of that day are threaded with pain. “People are oblivious to their responsibility,” Ramon said. “An animal is an animal, no matter how domesticated.”

“You're in a lot of pain because of someone's negligence,” Skidmore said. “Now, it's my responsibility to hold him responsible.”

After establishing criminal negligence and serious bodily injury, ACS filed “attack by dog” charges against the owners of the dogs that attacked Ramon. If convicted, the owners could face third-degree felony charges.

Before a dog is ruled dangerous, the ACS director or a representative reviews the case, looking at collected evidence. Then the department notifies the victim and dog owner of the determination by personal delivery or certified letter.

Before the City Council approved the procedure in October, ACS conducted hearings including a hearing officer, two investigating officers, and a panel of three ACS staff members.

Animal rights activist John Bachman, who has spoken out for the ethical treatment of animals for years, said the city did away with “any concern of mitigating circumstances in the investigation process.”

Bachman would propose hearings to contain a lawyer, a behaviorist and a veterinarian.

Bachman and canine consultant Laurie Gawelko were among those who rallied behind Ilario Martinez, owner of Marley, a yellow Labrador who became a symbol of opposition to the city laws. They've helped Martinez with expenses involved in keeping a dangerous dog since ACS quarantined Marley for 10 days after it and two other dogs were cited for a December attack on 10-year-old Precious Ortiz. The girl was visiting the family at the time.

According to an affidavit, two dogs attacked Precious while she walked through a Southwest Side neighborhood with Marley, resulting in lacerations and puncture wounds. Some of the wounds were attributed to Marley. Martinez' attorney, Michelle Maloney, said Marley was protecting Precious.

After a hearing, the other two dogs were euthanized.

In January, at an appeal hearing requested by Martinez, the municipal court upheld ACS' determination that Marley was dangerous.

Martinez then appealed to the County Court, where he is seeking a jury trial. The court is expected to hear his case July 23.

“We're saying there has been a gross miscarriage of justice,” said Maloney, whose firm is handling the case at no charge.

But, he says, “A dog could be considered something in the neighborhood of a loaded gun, if not properly supervised. The only difference is the dog can act on its own accord; it can pull its own trigger.”